William DeVinney

Counsel

Washington, D.C.
T 202.861.1554  |  F 202.861.1783

William DeVinney has a broad litigation practice that includes antitrust, intellectual property, commercial class action, securities, and other complex commercial litigation. He has extensive trial experience, both as a member of trial teams and as first chair in jury and bench trials, arbitrations proceedings, and regulatory hearings. William has also argued cases before several federal and state appellate courts. He also counsels clients on antitrust issues.

Select Experience

  • Member of team representing certified class of dairy farmers located in 14 Southeastern States against Dairy Farmers of America, Dean Foods, and a number of other defendants in an action alleging violations of Sections 1 and 2 of the Sherman Act by unlawfully conspiring to eliminate competition for marketing, sale, and purchase of raw milk in the Southeast United States. Litigation was settled for more than 70 percent of alleged damages.
  • Represented multinational consumer goods company in consumer class action alleging false advertising. Complaint against client dismissed with prejudice.
  • Represented multinational chemical and agricultural biotechnology corporation against Sherman Act Section 2 claim brought by competitor alleging that client had either monopolized or attempted to monopolize alleged market for transgenic corn seed.
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Experience

  • Member of team representing certified class of dairy farmers located in 14 Southeastern States against Dairy Farmers of America, Dean Foods, and a number of other defendants in an action alleging violations of Sections 1 and 2 of the Sherman Act by unlawfully conspiring to eliminate competition for marketing, sale, and purchase of raw milk in the Southeast United States. Litigation was settled for more than 70 percent of alleged damages.
  • Represented multinational consumer goods company in consumer class action alleging false advertising. Complaint against client dismissed with prejudice.
  • Represented multinational chemical and agricultural biotechnology corporation against Sherman Act Section 2 claim brought by competitor alleging that client had either monopolized or attempted to monopolize alleged market for transgenic corn seed.
  • Defended multinational chemical and agricultural biotechnology company accused of monopolizing market for transgenic corn seed industry. Motion for class certification by plaintiff rejected by trial court and before Third Circuit on appeal.
  • Represented multinational technology company in private antitrust claim brought by competitor, as well as in investigations brought by the EU, Federal Trade Commission, and state government enforcement agencies.
  • Defended former executive of Bankers Trust Corporation in criminal trial and related SEC administrative proceedings arising from alleged improper accounting treatment of unclaimed funds. After six-week jury trial, client was acquitted of all 36 counts in indictment and favorable settlement was reached with SEC.

Pro Bono

  • Served as lead counsel for three congressmen and a public interest group filing amicus brief in United States Supreme Court.
  • Represented several clients in fair housing cases in antidiscrimination, fair housing, landlord/tenant, and contractual disputes.

Services

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, District of Columbia
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • District of Columbia
  • New York

Education

  • J.D., William & Mary Law School, 1998
  • B.S., Cornell University, 1991

Blog

In The Blogs

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Antitrust Advocate
Sounding the Alarm: White House Agency Warns of Decreasing Competition Across U.S. Economy
April 25, 2016
The Council of Economic Advisors, a White House agency charged with advising the president on economic policy, recently issued a report, Benefits of Competition and Indicators of Market Power, addressing the state of competition in the...
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Antitrust Advocate
There Was a Panel on What?? Notes on the ABA Antitrust Spring Meeting Panel on Marijuana Law
April 14, 2016
Attendees at this year’s Spring Meeting may have been surprised by an unexpected panel: an overview of the status of the law related to the legalization of marijuana and antitrust issues facing the nascent industry. However, a single...
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Antitrust Advocate
Supreme Court Nominee Garland: An Assessment of Antitrust Expertise
April 6, 2016
Last month, our antitrust column was devoted to the late Justice Antonin Scalia’s antitrust legacy on the U.S. Supreme Court, focusing on his three antitrust opinions for the majority. At that time, we promised to continue that analysis...
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Antitrust Advocate
FTC’s Latest “Pay for Delay” Action Focuses on Noncash “Payments” and New “Product Hopping” Theory of Harm
April 5, 2016
The Federal Trade Commission (FTC) filed an antitrust complaint this week against Endo Pharmaceuticals and several generic companies, alleging that these companies entered into anticompetitive “reverse payment” settlements of patent...
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Antitrust Advocate
Arbitration Provision Rejected in Franchise Dispute
March 29, 2016
In Case Del Caffe Vergnano SPA v. ItalFlavors, LLC, the Ninth Circuit held that the court, not an arbitration tribunal, could review a franchise contract and determine it was a sham, based upon a second contract signed between the parties...
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